WSP11852

• File Number: 8200.400
• Description: Colorado River Basin Briefing Documents-History-Correspondence
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 10/1/1999
• Author: DOI-BOR
• Title: Programmatic Environmental Assessment-Rulemaking-Offstream Storage Colorado River Water - Development-Release Intentionally Created Unused Apportionment - Lower Division States - Appendix H-Section I
• Water Supply Pro - Doc Type: Report/Study

I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I

000353

does not provide for an appeal of the Regional Director's decision whether to execute a particular
Storage and Interstate Release Agreement. The necessity of contracts to authorize the diversion
of water under a Storage and Interstate Release Agreement, except for storage of Article II(D)
(of the Decree) water by Federal or Tribal entitlement holders, is addressed in ~ 414.3 (e) of the
final rule, The fina1 rule allows for the storage of Colorado River water either through a direct
contract with the Secretary or through a valid subcontract with an entitlement holder authorized
by the Secretary to enter into such subcontracts. The Storage and Interstate Release Agreement
to which the Secretary will be a party may satisfy the ~ 5 requirement for the release or diversion
ofICUA to the consuming entity in the Consuming State.

Comment: Amend ~ 414.3 ( c) to conform the wording to other changes made that delete
use of the term "redemption of storage credits."

Response: The Department agrees with the suggestions from several State agencies, a
water authority, and a water district, and has modified this final rule to more clearly describe the
intent of the Storage and Interstate Release Agreements. The revised wording specifies that, after
receiving a notice of a request for release ofICUA, the storing entity will certify to the Secretary
that sufficient water has been stored for the Storing State to support the development of the
requested quantity ofICUA. The revised paragraph is designated ~ 414,3(a)(10).

Comment: Amend ~ 414.3(d) to conform the wording to other changes that delete use of
the term redemption of storage credits. Also, specify that ICUA is available only for use by the
consuming entity.

Response: The Department agrees with the suggestions from several State agencies, a
water authority, and a water district and has modified this final rule to more clearly describe the
intent of the Storage and Interstate Release Agreements. The revised wording substitutes the
term "intentionally created unused apportionment" ("ICUA") for the less definitive term
"redemption of storage credits." In addition, the revised rule clarifies that ICUA will be released
only for use by the consuming entity.

Comment: The final rule should provide for a contractual commitment by the Secretary to
release to a consuming entity ICUA that exists as a consequence of implementation of the
Interstate Storage Agreement.

Response: The Department modified the final rule in ~ 414.3(a) to provide that the
Secretary will be a party to Storage and Interstate Release Agreements. Sections 414.3(a)(12)
through 414.3(a)(15) provide, among other things, that the Secretary will commit in the Storage
and Interstate Release Agreement to release ICUA but only if all necessary actions are taken
under the rule, if all laws and executive orders have been complied with, and if the Secretary has
first determined that ICUA has been developed or will be developed by a storing entity.

26